HomeMy WebLinkAboutZMA199800018 Action Letter
,,'
~
December 17, 1998
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 Mcintire Road, Room 218
Charlottesville, Virginia 22902-4596
(804) 296 - 5823
Fax (804) 972 - 4035
Cliff Fox
Foxfyre Enterprises
4543 Garth Road
Charlottesville, VA 22901
RE: ZMA-98-18 Waylands Grant
Tax Map 55, Parcels 66 and 66A
Dear Mr. Fox:
The Albl~marle County Board of Supervisors, at its meeting on December 9, 1998, unanimously
approved the above-noted request to rezone 19.20 acres rrom R-6, Residential to PRD, Planned
Residential Development. Please note that the Board approved this as proffered, and amended
by the applicant at the Board meeting on 12/9/98 (copy attached), with includes the attached
Genera: Conditions for Waylands Grant, dated 11/20/98.
If you :,hould have any questions or comments regarding the above-noted action, please do not
hesitate to contact me.
Sincerely,
u.o
- ....
VWC/jcf
ATTACHMENT
Cc:
Amelia McCulley
Tex Weaver
Jack Kelsey
Steve Allshouse
1
Proff~r Statement
Barclay Development Corporation
Robert E. Jr. and LeAnne C. Bargamin
Rezoning Application ZMA 98-18 Wayland's Grant
Robert E. Jr. and LeAnne Bargamin (the "Applicant") are the fee simple owners of that certain
property described in rezoning application #ZMA-98-18 and is all of T?:,< Map 55, parcs!s 66A
and 66. If Applicant's rezoning application is denied, these proffers shall immediately be null
and void and have no further force or effect. These proffers shall supersede all other proffers
made prior to this date. (~
?e' ., f-
Plans and Illustrations.
Applicant has presented as part of its Rezoning Application, an application plan entitled~ tS JI1-5"lqR
"Wayland's Grant Conceptual Plan", dated 1 0/20/98, revised 11/2198, revised 11/9/9~ a~d \ (
initialed "EKE", which is attached to these Proffers and General Conditions.
I. Density
No more than 85 dwelling units may be constructed on the Property.
II. Road Improvements
2.1 Dedication. As a condition of plat approval for the subdivision, Applicant shall
dedicate along the entire southern boundary of the Property, an area of land for widening
State Route 691 (Jarman's Gap Road) not to exceed 30' to the centerline of the existing
prescriptive easement as shown on the Conceptual Plan. Applicant and successors in title
shall grant easements for temporary construction of improvements to State Route 691, as
needed.
2.2 Road Improvements. Access shall be restricted to an internal public road network. As a
condition of plat approval for the subdivision, Applicant shall construct as a single
improvement, a 100 foot right turn lane and 100 foot taper for westbound right turn movement
into the Property from State Route 691 as indicated on the Conceptual Plan.
1. Public Roads: The public streets within the neighborhood shall be at the widths shown on
the Conceptual Plan and designed and constructed in accordance with the VDOT 1996
Subdivision Street Requirements.
2.3 Disposition of Dedicated Property. In the event any of the property, in Sec.
2.1 dedicated pursuant to proffer is not used for the purpose for which it is proffered, with
such use being undertaken within 10 years of receipt of the property by the County, then the
property shall revert to HOA. RECEIVED
2.4 Inter-Parcel Access. The Applicant shall reserve a 50-foot right-of-way ~ ~lt~~..~
street to provide inter-parcel accesses to the adjoining properties, east and west of ~he 0 t
Planning i ep .
,Pr'Operty~ The locations are shown on the Conceptual Plan. In the event that the area
reserved for a street(s) is not used for the purpose for which it is hereby proffered within
seven (7) years from the date of approval of ZMA-98-18 , then such reservation shall be
released and the Applicant then may use the area(s) for building lot(s) notwithstanding the
density limitation contained in Article 1 above or at Applicant's option, such area may accrue
to the adjoining lots. For the connection to the Gray Rock parcel to the west, the Applicant
shaij construct a road meetin~ County rural profile standards in the r.o.w. prior to the issuance
of a building permit for the 50 unit.
III. Open Space
3.1 Open space for the development is shown on the Conceptual Plan as Community
Open Space and Community Commons.
3.2 Within the Community Open Space, Applicant will construct a tot lot and a nature trail.
The nature trail will be constructed within the stream buffer zone shown on the
Conceptual Plan with the improvements for the lots adjacent to the stream buffer. If
the trail is to be constructed adjacent to the stream and the stream meanders onto
adjacent property, the trail may be placed on adjoining properties if the County obtains
the necessary easements on those adjoining properties. The HOA will reserve the
stream buffer including the nature trail for dedication to the County at such time that
adjoining properties convey a greenway or similar path system to the County for
continuation of the greenway on the unnamed intermittent stream which leads to the
greenway along Powell's Creek
3.3 Applicant will convey in fee simple the Community Open Space and the Community
Commons to the Wayland's Grant Homeowners Association ("HOA") before final bond
release for public improvements for the development.
IV Owners Association and Declaration of Covenants,
Conditions and Restrictions
4.1 Declaration. The Applicant shall prepare and place on the Property, a Declaration of
Covenants, Conditions and Restrictions (the "Declaration").
The Declaration's purpose will be to facilitate the planning and development of the Property in
a unified and consistent manner. The Declaration shall set forth covenants, conditions and
restrictions for private enforcement only by homeowners within the Property. A clear intent of
the Declaration will be that the County of Albemarle will have no rights or obligations to
enforce such covenants, conditions and restrictions. The Declaration shall not be interpreted
as authorizing any relaxation of state or Albemarle County regulatory or minimum code
standards, except as allowed by the regulations and/or the Albemarle County Code.
4.2 Fixed Standards.
(a) The following elements of the Design Guidelines shall be referenced in the Declaration:
(i) Types of materials to be used in construction of buildings;
.
. (ii'J . ,Minumum setbacks from properties adjacent to the Property, 10Ubuilding â."aa ratios,
height restrictions; and
(iii) Types of materials to be used and standard for landscaping.
4.3 Design Guidelines. The Design Guidelines also shall:
(a) Provide the standards for development within the Property and explain how such
standards are implemented;
(b) Provide for creation of a Design Review Committee. (The County of Albemarle will not
participate on such Design Review Committee).
(c) Provide an outline of the procedures and contacts for approvals by the Design Review
Committee in connection with design and construction within the Property; and
(d) Include requirements for builders to install low flow showers and toilets as water
conservation techniques.
4.4 Maintenance of Landscaping and Open Space. The Declaration shall provide a
mechanism for establishing and maintaining landscaping and open space, within the Property,
including the following:
(a) The Applicant shall organize The Wayland's Grant Home Owners Association (the
"HOA") as a non-stock corporation under the laws of Virginia for the care and maintenance of
all such lands and improvements owned or entrusted to the HOA.
(b) The Declaration's covenants, conditions and restrictions running with the land shall
bind the HOA. The Applicant or such HOA shall be responsible for the perpetuation,
maintenance and function of all open space areas.
(c) The Applicant or such HOA shall provide a means for identifying Community Open
Space as to location, size, use and control in one or more restrictive covenants, and such
covenants shall set forth the method of assessment for the maintenance of such Community
Open Space. The Declaration's method of identifying open space areas shall not supersede
any applicable requirements to identify common areas in a site development plan or
subdivision plat.
(d) The Declaration shall be in full force and effect for a period of not less than twenty-five
(25) years and shall be automatically extended for successive periods of twenty-five (25)
years unless terminated in a manner set forth in the Declaration.
(e) The HOA shall continue in effect so as to control the availability of the facilities and
land thereby provided and to maintain the open space for its intended function. Such
Association shall not be dissolved nor shall such HOA dispose of any open space, by sale or
otherwise, except to successor organizations conceived and organized under the same
standards and principles set forth herein for the HOA to own and maintain the open space.
V. Miscellaneous.
5.1 Certificate. The undersigned, Robert E. Bargamin, Jr. and LeAnne C. Bargamin certify
that they are the only owners of the Property that is the subject of this application.
5.2 The Applicant. These proffers shall run with the Property and each reference to the
"Applicant" within these proffers shall include within its meaning, and shall be binding
upon, Applicant's successor(s) in interest and/or the developer(s) of the Property or any
portion of the Property.
Barclay Development Company
By:4-~9\ ~~
E. .~.
~~.~6~
/;)./1 / &j 1
/2/ i /c¡ 'ð
/¿!C) Ie¡ y
General Conditions for Wayland's Grant
((12.0 1<1 ~
These general conditions are a part of the Conceptual Plan dated 10/20/98
revised 11/2/98 and 11/9/98 and proffered as a part of the rezoning application for
Wayland's Grant.
A) The purpose of this development is to provide a mixed-use community with
opportunities for residential, office and PRD and R-6 by right uses in the Crozet Growth
Area. With design features such as minimal setbacks, sidewalks, a central green,
preservation of stream valleys, dedication of open space, the development is intended
to accomplish in Crozet a design in keeping with the goals and objectives of the
County's Comprehensive Plan.
B.) The uses allowed in the Wayland's Grant Planned Development shall be all of those
uses allowed by right in the R-6 Zoning District and all of those uses allowed by right in
the PRD Zoning District identified as Sections 16.2.1; 16.2.2; 19.3.1 and 19.3.2 of the
Albemarle County zoning ordinance, copies of which are attached, with the restrictions
as to dwelling unit types indicated in Condition C below.
Uses allowed by special use permit shall be all of those uses allowed by special use
permit in the R-6 Zoning District and PRO Zoning District, with the following exceptions:
16.2.2.4 Commercial swim, golf, tennis or similar athletic facility;
16.2.2.8 Mobile Home subdivisions;
16.2.2.10. Hospitals;
16.2.2.13 Cemeteries;
16.2.2.14 Mobile Home Parks;
16.2.2.9 Rest home, nursing home convalescent home, orphanage or similar institution;
19.3.2.8 Commercial swim, golf, tennis or similar athletic facilities;
19.3.2.3 Rest home, nursing home, convalescent home, orphanage or similar
institutions.
Approved as a part of this development as a special use are professional offices, 2000sf
each in Blocks A and B; community center; temporary sales center to convert to a
residential unit or professional office; and recreational or athletic facilities for this
development.
C.) Uses and conditions allowed by block as shown on the Conceptual Plan;Residential
types shall be limited as listed in the blocks below.
1.) Blocks A and B.
Development will be in accord with the axonimetric drawing entitled "Front Block
Schematic", dated "11/19/98 ", and initialed, "EKE" as to the fOllowing elements only:
buildings will be aligned generally along the outside of the block in a "U" shape, facing a
center courtyard. Buildings may be single storied or multistoried with basements or half
basements; pitched roofs will be provided for all structures. All other elements of the
drawing are illustrations only and are not proffered.
a) The following uses are allowed: Professional office: 2000sf each in Blocks A and B
for a total of 4000sf in the development, single family detached (SFO), single family
attached (SF A), townhouses (TH), Multifamily (MF), community center (CC),
Recreation or athletic facilities for the community (RAF), temporary sales center
(TSC), condominiums (C).
b) Building facades will face public streets.
c) Parking shall be interior to the block, landscaped to minimize view of parking from
all streets, with the exception that dwelling units on the east side of Block B may be
rear loaded and dwellings on the west end of Block A may be rear loaded as
governed by private driveway regulations.
d) The Applicant requests a reduction in the parking requirement of 20% per the
parking regulation 4.12.4 of the Albemarle County Zoning Ordinance in both Blocks
A and B..as the professionsl offiee ';:iII be in operation during tho hours of 8:00am to ~
5:00pm ·....hen most reside/.ts would be at v:erk. Fuftherthe streets have been ~~ ª
designed for on-street parking which will provide parking opportunities well in /~X 19:
excess of the requested 20% reduction. ~
e) Large variety trees, 2.5 inches in caliper, or larger, will be installed along Jarman's
Gap Road at an interval of approximately every 50', as shown on the Conceptual
Plan. These trees will be indicated on the site plan or subdivision plat and installed
and bonded in conjunction with improvements provided for Blocks A and B.
2. Park Block.
Uses: SFO, SFA, TH, TSC, CC, RAF, and Community Commons as shown on the
Conceptual Plan.
3. Block C:
Uses: SFO, SFA, TSC, CC, RAF.
4. Block 0:
Uses: SFO, SFA, TH.
5. Block F:
Uses: SFO, SFA.
6. Community Open Space and Community Commons. Uses: tot lot as shown on
the Conceptual Plan and in conformity with Section 4.16 of the Zoning Ordinance
(Copy attached), nature trail, public utilities, storm water management devices,
erosion control measures necessary for the development.
7. Additional recreational areas for this community, such as a community center
and/or fitness center may be developed by the Applicant or the HOA in an area
designated by the Applicant.
D.) Sidewalks.
Sidewalks , 4 feet wide and constructed of concrete, shall be provided along
the streets and other areas shown on the Conceptual Plan.
E.) Street Trees
If, after consultation with the county,VDOT, and the Albemarle County Service Authority,
utility location is allowed in the streets, the applicant will provide street trees roughly 50'
apart in a planting strip between the back of the curb and the sidewalk.
However, if negotiations are unsuccessful the applicant will construct the sidewalk
adjacent to the curb and no street trees will be provided.
F.) Setbacks, Maximum Height and Minimum Lot Sizes.
a) The front setbacks shall be a minimum of 10'.
b) On detached lots, the side yard setback for primary and secondary structures shall
be a minimum of 3'.
c) On attached lots, a zero side yard setback shall apply along common walls and for
any accessory structures along the respective property line.
d) The rear setbacks shall be a minimum of 20'.
f) If and where shared driveways are constructed, the setback from the shared access
easement shall be a minimum of 3'.
g) Maximum height of any structure is not to exceed 45'.
h) Minimum lot sizes:
Minimum lot size for detached units in Blocks other than Blocks A & B shall be 4500sf;
Minimum lot size for attached units in blocks other than blocks A& B shall be 2000sf;
Minimum lot size in Blocks A & B shall be 1500sf.
G.) BMP's.
Storm water BMP's will be implemented as per the Conceptual Plan.
H.) Flag lots shall be permitted.
I.) Variations in site development plans and subdivision plats from approved application
plans may be permitted by the director of planning and community development upon a
finding that such variations are: generally in keeping with the spirit and concept of the
approved application plans; in accordance with the comprehensive plan; and in
accordance with regulations currently in effect. Changes other than permitted herein
shall be made only, rezoning application.
~
ll(to(C\~
--00
1
ð
;
~A I
~
"'", ~ .J
\À
I'--
Ii
I I ~ ~
~ ~
:: :: :: g
· " . .
; i
~ . ¡
; i i
~ ~
n n
· !
r ~
~
w
~
· . _ 11
~
~
i
i
§
~
~
<I:
",ill
Hill
z
1-8-.-J
Za:W
<I:HU
a:>[[
t!) . <I:
>-a.-
(fJf-
Z
:::> .
DOm
ZUm
<I:W
-.J-'a.-
>-~<I:
<I:::;:¿:
3:w
~X
"'<I:
I-
~
~
tfl
~
~
I.(j
~
I.;::
CI)
~
~
~
MAP
VICINITY
1-'2000'
DESIGJ€OB' 'HE
TM 10~20-9B
DAA'Ø4I1T 'HE
T. 10-20-98
CtEOŒD 8' 'HE
FILE EDIT
ANIMAL
SCALE 1: 50
(JU.IIII"IG
1; 1
..."
""".",
1 OF 1
SttEf NO
,
'<
,
~
~'(~
$~~~
"'"
-
1MARY
DWELLING B5
PROFESSIONAL OFFICE (BLOCKS A & BI 10 SF
LAND USE AREA SUMMARY
TOTAL PROPERTY AREA: 19 20 AC
RESIDENTIAL LAND USE: 5,40 AC (75'1
OPEN SPACE: 3, BO AC (25'1
DENSITY: 4 43 DU/AC
SETBACKS
FRONT YARO: 10 FI
SIDE YARD: 3 FT
REAR YARD: 20 FT
Io{AXllotUM BUILDING HEIGHT 45'
DEVELOPMENT BLOCK A & B PARKING SUMMARY
PARKING REOUIRED:
A. RESDENTIAL: 2 SP/DU..32 x 2 - 64 SP
8. PROFESSIONAL OFF ICE: 1 SP/200 SF NET = 16 SP
C. 20' WAIVER REDUCTION: (16 SPI
PARKING PROVIDED: 64 SP
\
000\.0
"
.~:::-'"-
- ....- '---...,
/ "-
r"
GOOf 1- ....-
POTENTIAL INTERPARCEL-CoNNECTION ¡
RURAL SECTION NITti TRAIL TO MATCH' GRAYROC
, 'Ç/ ~
~~I~/
_ '-Á_
/
....-
./
/~
I
'\
- \ \
'---~--,--~-
\
A
I
(
\)
\
"""' ,...
~
\
'---
'---
""
\
'-
\
\
\
)bd
9
o
./"'\'
)
\
3
B
1
2
3
4
C
1
2
3
4
o
1
RECEIVED
DEC 1 l~
Planning Dept
-,
..
~~T
.~~'tl,~ Y?
\I""~
"
t::
J~
-f~
'-<f"\"
FRONT "BLOC·1e SCH€~L
il/lql~B
IT\ ~~øM~Ic.. @. Pþ..~i&~L t.;m. p~,.J
<ë/E-